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(영문) 수원지방법원 평택지원 2018.11.22 2018고정53
관세법위반
Text

The defendant shall be innocent.

Reasons

Defendant A is a real representative operating C, which is a company specialized in the high-quality import of China, while residing in Hongsung-gun, Chungcheongnam-gun.

When any foreign country intends to import goods, the name, standard, quantity, price, etc. of the relevant goods shall be reported to the head of the relevant customs office as they are.

Nevertheless, on March 24, 2017, the Defendant reported to the customs office a disguised import of low-rate (27%) 10,000 km from the Chinese name, using the trade name D (Haice NonEL E) No. C on March 24, 2017. However, in fact, the Defendant was discovered during the process of a multi-customs cargo inspection to have attempted to import the goods amounting to 61,057 gg, the cost of the goods, 63,624,61 won (257,589,720 won at the market price of the offense) in China, in a manner that is mixed with the f1,057 g, the high-rate rate of customs duty in China (270%) in freezing for freezing for freezing.

Judgment

The fact that the defendant's 100 ton of 100 ton of freezing and drilling is mixed with 61 ton, and that the additional defendant's assertion that there is no natural increase in water supply during the long-term storage and import process in China is sufficiently recognized by the witness F and G's statement, analysis response, etc.

However, even if the defendant knew that the defendant was artificially or intentionally mixed and added, it is very high that he had an intention to import smuggling reported in freezing and drilling as above, or that the defendant visited China on or around December 2016, 2016, which is the transfer of freezing and drilling import, and it is difficult to see that there is a sufficient reason to recognize such intention solely on the basis that the defendant had a criminal history in violation of the Customs Act even before the import of freezing and drilling, and there is any other reasonable and sufficient indirect fact to acknowledge the defendant's intention.

It is difficult to see it.

Therefore, it is true.

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